Legal Question in Credit and Debt Law in California
I received Notice of Motion and Motion for judgment on the pleadings after I filed an Answer to Complaint from credit card, requesting verification of debt and account details. how can I oppose to that Motion?
2 Answers from Attorneys
NO attorney could answer this qauestion without more facts. I suggest you contact an attorney and discuss his fees before you get to him and limit the fees charged.
It is unlikely you can oppose the motion successfully. It sounds like your answer admitted enough of the allegations against you to entitle the plaintiff to a judgment. You should have talked to an attorney before you filed your answer. The only chance you have is if you hire an attorney now to seek leave to file an amended answer, but even that is not very likely to be successful, since you will have to declare to the court that your prior admissions were false or mistaken. Bottom line is that if you owe the debt and admitted it, sooner or later they're going to get a judgment against you. Up to you if you want to spend a lot of money on an attorney just to buy time.